Section 11-20-29 - Use of new sources of raw water for public water systems(a) No person shall use a new source of raw water to supply a public water system unless the source and its treatment facilities, if any, have been approved by the director.(b) Any person proposing to use a new raw water source to supply a public water system shall submit plans, supporting data, and information in an engineering report to the department. The engineering report shall be prepared by a licensed professional engineer, experienced in such fields as water resources, hydrogeology, water supply, or environmental engineering, and shall include the following: (1) Identification of all significant factors having potential for contaminating or reducing the quality of the water source or which could cause the quality of water delivered to users of the public water system to be in violation of any state primary drinking water rule;(2) Data relating to quality and quantity of the source waters under normal conditions and during stress periods, drought, or heavy precipitation, as determined by field and laboratory analyses and investigations of available records; if records are not available or are inadequate to determine source quality under stress conditions, an estimate of expected quality and quantity during stress conditions should be established; (3) If the proposed new water source is a surface source, identification of the: (A) Proximity and effects of sources of pollution and the possibility of contamination due to operation of waste treatment facilities or waste disposal systems, accidental spills of hazardous materials, agricultural operations, and any other activities which could introduce contaminants into the water source;(B) Factors affecting the time of travel of actual and potential pollution from its source to the water source;(C) Actual and potential siltation problems; and(D) Possible effects on water quality from existing or proposed upstream impoundments;(4) If the proposed new water source is a well, spring, or infiltration gallery, identification of the: (A) Nature of soil and stratum overlaying the water source, with special emphasis on identification of fissures and faults as it relates to the natural purification or treatment of percolating fluids from existing or future activities;(B) Nature, distance, direction of flow and time of travel of contaminants from present and projected domestic, industrial, and agricultural sources of pollution, and waste injection wells and other waste disposal facilities; and(C) The probability and effect of surface drainage or contaminated underground water entering the subject water source;(5) For each present and projected potential source of contamination, identification and evaluation of alternative control measures which could be implemented to reduce or eliminate the potential for contamination of the water source, including treatment of the water source if subject to contamination, and evaluation of the physical, economic, and social effects of implementing such control measures; (6) Certification by the person proposing to use the new source of raw water to supply a public water system that the new source of raw water and its treatment system, if any, will be operated and maintained to provide water to the public water system that complies with state primary drinking water regulations. This requirement does not apply to new sources of raw water for the county department or board of water or water supply;(7) Certification by the licensed professional engineer responsible for the preparation of the report, that the facts presented in the engineering report are true, to the best of the engineer's information and belief, and that the development of the new source of raw water, and the collection, treatment, and distribution of water from the new source of raw water and its treatment system, if any, are designed to supply water that will comply with state primary drinking water regulations. This requirement does not apply to engineering reports prepared by personnel in the county department or board of water or water supply;(8) Where required by the director, the identification, qualifications, education, training, and work experience of the engineer and other individuals involved in the preparation of the engineering report; and(9) Such other data and information as the director may require. (c) In deciding whether to approve or deny the proposed use of a new source of raw water to supply a public water system, the director may:(1) Require the person proposing to use the new water source to provide notice and opportunity for public comment on the proposed use of the new water source. If the director determines that a public hearing is warranted, the director may require the person proposing to use the new water source to publish the notice of a public hearing. The hearing shall be subject to the provisions of public notice and hearing provided in section 11-20-27. If a public hearing is required, the person proposing to use the new water source shall pay all publication costs related to the public hearing(s) notification(s) for each water source requiring such notice;(2) Consult with appropriate experts, state and county officials, including appointing a committee of such persons as the director may determine to be appropriate to advise the director in making his or her decision; or(3) Take any other action which the director may determine to be appropriate to obtain adequate data and information on which to base his or her decision.(d) The director may grant approvals with conditions that the director considers necessary to ensure that the water delivered to the public water system complies with state primary drinking water regulations or otherwise protects public health.(e) Before the director approves the use of a new source of raw water to supply a new community public water system or a new non-transient non-community public water system, the proposed supplier of water shall demonstrate that the new public water system to be supplied by the new source of raw water has adequate capacity under section 11-20-29.5. Approvals for the use of a new source of raw water to supply a proposed public water system subject to section 11-20-30(d) shall be processed concurrently with the director's approval to construct the public water system and granted concurrently with the director's approval to use the public water system.
(f) A county department or board of water or water supply may submit to the director a program plan for the development by the county of new water sources for existing public water systems. Such plan shall be sufficiently detailed to include the basic information required by this section, with special attention paid to projections of future land use and other activities as they may affect the susceptibility of the water source to contamination. When approved in writing by the director, the requirements of such program, rather than those of subsections (a), (b), (c), and (d), shall govern the development of new sources of water for existing public water systems in that county to the extent covered by that program.(g) The director shall process written requests for approvals of new sources of raw water in a timely manner. (1) The director shall decide whether an engineering report is complete within ninety days of receipt. The director shall notify the person proposing to use the new source of raw water to supply a public water system or its duly authorized representative in writing if the engineering report is incomplete or otherwise deficient and describe the additional information necessary to complete the report or correct the deficiency. Failure to provide the additional information or to correct a deficiency is sufficient ground to suspend or terminate the processing of the report.(2) The director shall notify the person proposing to use the new source of raw water to supply a public water system or its duly authorized representative in writing when an engineering report is considered complete.(3) The director shall act on a written request for a new source approval within one year from the date the director notifies the person proposing to use the new source of raw water to supply a public water system or its duly authorized representative that the engineering report is complete. This time period of one year may be extended to the extent of delays of the department's inspection of the raw water source and the public water system caused by the person proposing to use the new source of raw water or the supplier of water.(4) This subsection does not apply to the approval of new sources of raw water to supply a public water system subject to subsection (e).(h) The person proposing to use the new source of raw water or its duly authorized representative shall notify the department in writing of changes which may affect the engineering report. Failure to provide such information shall be sufficient grounds for denial or termination of the processing of the request for a new source approval. [Eff 12/26/81; am and comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; comp 10/13/97; am and comp 9/7/99; am and comp 11/30/02; comp 12/16/05; comp 11/28/11; comp MAY 02 2014 ] (Auth: HRS §§ 340E-2, 340E-2.5, 340E-9) (Imp: HRS §§ 340E-2, 340E-2.5, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-9; 40 C.F.R. Parts 141, 142, § 142.10 )